Legal Question in Family Law in Ohio

Possible Father, but she's still married

Okay, this one's tricky. My ex-girlfriend is still married. She's pregnant with what I presume to be my child (she tells me that it is). In addition, she's in prison in South Carolina in the moment. (And most likely will be when the child is born) I live in Ohio. Failing all else, I want to know how paternity would be determined in this situation, and how, if possible, could I assure that I would have custody of this child. Her husband is NOT an option if this is my child, and she isn't exactly mother of the year. What do I do to assure custody of the child? I'm 25 and work full time, but have no drug or criminal history, which cannot be said for her or her husband. She already has one child, and I will not allow her to destroy another kid's life. I'm at my wit's end. Please advise...


Asked on 4/25/07, 5:11 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Possible Father, but she's still married

Custody matters of this nature are handled through juvenile court. You both are in different jurisdictions. You can start in your county court and will, I think, eventually have to move the matter to her county court. You have to establish paternity. Is she willing to acknowledge you as the father? Are you in contact with her? If she is remaining in prison after she gives birth, she may be willing to turn custody over to you.

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Answered on 4/26/07, 7:18 am


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